Gary A. Holum

Ruud v. Frandson , 2005 ND 174, 704 N.W.2d 852
A trial court's resolution of an ambiguity in a will is a finding of fact that will not be set aside unless it is clearly erroneous.
A competent testator may dispose of property as the testator wishes without regard to the desires of beneficiaries, juries, or courts as long as the terms of the will are not prohibited by law or opposed to public policy.
An estate may be granted on a condition, upon the performance or breach of which the estate shall commence, be enlarged, or be defeated.
When there is a testamentary gift upon a condition that is accepted by the beneficiary, the beneficiary must perform the condition, however burdensome.
Under N.D.R.Civ.P. 15(b), a pleading may be impliedly amended by the introduction of evidence which varies the theory of the case and which is not objected to on the grounds it is not within the issues in the pleadings.
Amendment of the pleadings by implication under N.D.R.Civ.P. 15(b) arises only when the evidence introduced is not relevant to any issue pleaded in the case.
Mastrony v. Mastrony , 2005 ND 165, 704 N.W.2d 573
Divorce judgment awarding custody and dividing the marital estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Guardianship of Barros , 2005 ND 122, 701 N.W.2d 402
To terminate a voluntary guardianship, a fit parent must prove by a preponderance of the evidence that the impediments leading to the creation of the guardianship have been removed.
A rebuttable presumption exists that parental custody is in the best interests of the child.
The guardians must overcome the presumption that parents have a superior right to the custody of their children and prove by a preponderance of the evidence that it is in the child's best interest to continue the guardianship.
Anderson v. Selby , 2005 ND 126, 700 N.W.2d 696
Parol evidence is admissible in an action to reform a deed when, through a mistake by one party which the other at the time knew of or suspected, the deed does not truly express the parties' intent.
A grantee may not recover attorney fees from a grantor in an action by the grantor to reform a warranty deed.
Smith v. Kulig , 2005 ND 93, 696 N.W.2d 521
A landowner's only duty to a trespasser is to refrain from harming the trespasser in a willful and wanton manner.
A landowner is not under any affirmative duty to give a trespasser warning of concealed perils, although, by the exercise of reasonable care, the landowner might have discovered the defect or danger that caused the injury.
Ringsaker v. Workforce Safety & Insurance Fund , 2005 ND 44, 693 N.W.2d 14
An injured employee seeking workers compensation benefits must file a claim within one year after the injury. The date of injury is the first date that a reasonable person knew or should have known that he had suffered a work-related injury and has either lost wages because of a resulting disability or received medical treatment.
Mann v. ND Tax Commissioner , 2005 ND 36, 692 N.W.2d 490
A final order or judgment is necessary for appealability in an injunction action.
An appeal from an order denying reconsideration does not present the Supreme Court with the merits of the original order requested to be reconsidered, but presents for review only whether the district court abused its discretion in deciding the movant either did or did not offer sufficient grounds to reconsider the previous decision.
The Supreme Court exercises its supervisory jurisdiction over lower courts rarely to rectify errors or to prevent injustice when no adequate alternative remedies exist.
Foster v. Foster , 2004 ND 226, 690 N.W.2d 197
A custody determination should be based on the best interests of the child and will not be overturned unless clearly erroneous.
Failure to allow a party 10 days to object to proposed findings of fact before a judgment is filed is harmless error because N.D.R.Ct. 7.1(b)(3) and N.D.R.Civ.P. 52(b) provide a remedy for that party.
A guardian ad litem may make a custody recommendation when advocating the best interests of the child.
Evenson v. Quantum Industries, Inc. , 2004 ND 178, 687 N.W.2d 241
The parol evidence rule precludes the use of evidence of prior oral negotiations and agreements to vary or add to the terms expressed in a written contract.
Preliminary oral statements and promises related to the terms of the contract do not provide the basis for a fraud claim if there is a subsequent written contract.
Fast v. State , 2004 ND 111, 680 N.W.2d 265
The state may be held liable for money damages for an injury caused from some condition or use of tangible property under circumstances in which the state, if a private person, would be liable to the claimant.
Landowners owe a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.
Landowners are not liable for snow removal efforts that do not create an unreasonably dangerous or more hazardous condition.
Hilgers v. Hilgers , 2004 ND 95, 679 N.W.2d 447
N.D.R.Civ.P. 6(e), permitting an additional three days to be added to the time for service by mail, does not apply to extend the time when the time begins to run only after actual receipt of notice.
A letter opinion is not an appealable order unless followed by a subsequently entered consistent judgment or order.
The Supreme Court exercises its supervisory authority only to rectify errors and prevent injustice when no adequate alternative remedies exist.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.
Rydberg v. Rydberg , 2004 ND 73, 678 N.W.2d 534
Issues on appeal are not restricted to those raised in a motion to alter or amend the judgment as long as the issues were raised at the district court.
A statute of limitations acts only to bar the bringing of the specified action and does not affect other remedies.
Paternity can be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man.
Genetic tests are enough to rebut the presumption of paternity by clear and convincing evidence.
St. Claire v. St. Claire , 2004 ND 39, 675 N.W.2d 175
Although prisoners have diminished constitutional protections, they maintain a due process right to reasonable access to the courts.
Procedural due process requires fundamental fairness, which, at a minimum, necessitates notice and a meaningful opportunity for a hearing appropriate to the nature of the case.
A person's due process right to appear may be satisfied by allowing appearance via telephone.
Interest of D.L.M. , 2004 ND 38, 675 N.W.2d 187
The child support guidelines require the imputation of income when an obligor is unemployed.
A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining a child support obligation.
If the trial court finds the presumptively correct child support amount has been rebutted, it must make a specific finding.
Gross v. ND Dept. of Human Services , 2004 ND 24, 673 N.W.2d 910
The Dept. of Human Services may place a Medicaid recipient in the lock-in program for excessive utilization of medical services from more than one provider when those excessive medical services may increase the possibility of adverse affects to the recipient's health or may result in a decrease in the overall quality of care to the recipient and when there is little or no evidence of a medical need.
Gratech Co., Ltd. v. Wold Engineering, P.C. , 2003 ND 200, 672 N.W.2d 672
Contracts for the construction and repair of a highway can include contracts for engineering and other professional services needed to complete the construction or repair.
Controversies between a contractor and a third party arising out of any contract for the construction or repair of highways entered into by the director of the department of transportation must be submitted to arbitration, and the arbitrators shall determine all controversies growing out of the contract.
McDowell v. McDowell , 2003 ND 174, 670 N.W.2d 876
By signing the findings of fact prepared by an attorney, the district court accepts those findings as its own.
The tender-years doctrine has been repealed in North Dakota.
The public policy of this state is that there is to be no gender bias in custody decisions regardless of the age of the child.
The amount of child support can be set at a date prior to a motion to modify if good reason exists for doing so.
The district court need not predict the income of a child support obligor for past support when tax returns are available.
Damron v. Damron , 2003 ND 166, 670 N.W.2d 871
A custodial parent's homosexual household is not grounds for modifying custody within two years of a prior custody order in the absence of evidence the children's environment endangers or potentially endangers the children's physical or emotional health or impairs the children's emotional development.
Benson v. Benson , 2003 ND 131, 667 N.W.2d 582
When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state.
A North Dakota court may decline to exercise jurisdiction upon determining that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.
McClure v. McClure , 2003 ND 130, 667 N.W.2d 575
In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used.
Ringsaker v. Workforce Safety and Insurance , 2003 ND 122, 666 N.W.2d 448
Litigants have a duty to comply with clearly communicated case-management orders.
Service of a brief by mail is complete upon mailing, but filing requires actual receipt.
A trial court may take any appropriate action against any person failing to perform an act required by court order.
State v. Dimmitt , 2003 ND 111, 665 N.W.2d 692
If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea.
The State's failure to make an agreed upon sentence recommendation may result in a manifest injustice in the sentencing process entitling the defendant to withdraw his guilty plea.
Boser v. Hanson , 2003 ND 95, 663 N.W.2d 182
Jury instructions must fairly and adequately inform the jury of the applicable law.
A trial court may properly refuse to submit an inapplicable or irrelevant instruction to the jury.
Except as otherwise provided, N.D.C.C. 39-24-09 prohibits operating a snowmobile on a street or highway except while crossing a street or highway encountered as an obstacle to be overcome, rather than in its intended purpose of transportation along it.
Trinity Health v. North Central Emergency Services , 2003 ND 86, 662 N.W.2d 280
Whether a contract has been substantially performed and whether a party has breached a contract are questions of fact.
When there has been a motion for summary judgment, but no cross-motion, the court already is engaged in determining if a genuine issue of material fact exists, the parties have been given an opportunity to present evidence to support or refute the request, and summary judgment may be rendered in favor of the party opposing the motion without a formal cross- motion.
K.L.B. v. S.B. , 2003 ND 88, 662 N.W.2d 277
The court can vacate a default judgment when circumstances justify it under a properly raised motion for relief from the judgment under N.D.R.Civ.P. 60(b).
Under N.D.C.C. 14-17-10 the district court is required to order genetic tests only if the request for tests is made when proceedings are pending to adjudicate parentage under the chapter.
Koapke v. Herfendal , 2003 ND 64, 660 N.W.2d 206
A referring physician does not have a duty to obtain a patient's informed consent unless the referring physician formally prescribed or performed the procedure.
Retaining a "degree of participation" in the treatment plan associated with a surgery is not enough to create liability on the part of the referring physician.
Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co. , 2003 ND 50, 658 N.W.2d 363
Liability coverage for bodily injury because of an auto accident results under an insurance policy if the use of the auto arises out of the inherent nature of the auto.
For a person to be a gratuitous employee, that person's employer must have expressly or impliedly requested the employee's help.
Policy coverage cannot be defeated simply because a separate excluded risk constitutes an additional cause of the injury.
Implied indemnity for settlements is allowed if the indemnitee has a reasonable belief of potential liability, even though it is ultimately determined that the indemnitee had no interest to protect.
The right to sue for implied indemnity does not arise until the indemnitee has suffered actual loss through payment, settlement, or through the injured party's obtaining an enforceable judgment against the indemnitee.
Rittenour v. Gibson , 2003 ND 14, 656 N.W.2d 691
A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest.
A district court abuses its discretion when it submits instructions to the jury that, taken as a whole, contain an error in the law that makes a material difference in how the jury might have understood the law.
First Western Bank & Trust v. First Lutheran Church Foundation , 2003 ND 21, 656 N.W.2d 726
The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case.
To warrant a new trial based on newly discovered evidence, it must appear the evidence is in fact newly discovered, and not merely the importance of it.
Engh v. Engh , 2003 ND 5, 655 N.W.2d 712
A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months.
Wilson v. Farmers Insurance Group , 2003 ND 8, 655 N.W.2d 414
Except when the evidence is such that a reasoning mind could draw only one conclusion, whether an insured substantially complied with an insurance policy provision is a question of fact precluding summary judgment.
Hamilton v. Oppen , 2002 ND 185, 653 N.W.2d 678
Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict.
The trial court's responsibility is to make certain expert testimony is reliable as well as relevant.
Relevant photographs may be excluded from evidence if their probative value is substantially outweighed by the danger of unfair prejudice.
Huntress v. Griffey , 2002 ND 160, 652 N.W.2d 351
When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision.
Gross v. N.D. Dept. of Human Services , 2002 ND 161, 652 N.W.2d 354
A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order.
Abel v. Allen , 2002 ND 147, 651 N.W.2d 635
A cause of action accrues when the right to commence it comes into existence, when it can be brought in a court of law without being subject to dismissal for failure to state a claim.
A cause of action for breach of a lease accrues upon the first breach.
Grey Bear v. ND Dept. of Human Services , 2002 ND 139, 651 N.W.2d 611
The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury.
A trial court does not abuse its discretion by refusing to delete an amendment to a judgment that was originally requested by the party seeking to delete the amendment.
A trial court lacks personal jurisdiction over a party when the party was neither served with a summons, nor made a voluntary general appearance.
State v. Taylor , 2002 ND 107, 651 N.W.2d 692
The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Looney v. Looney , 2002 ND 87, 647 N.W.2d 706
A judgment enforcing an earlier divorce judgment between the parties is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Opp v. Ward Co. Social Services Bd. , 2002 ND 45, 640 N.W.2d 704
Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support.
Zeller v. Zeller , 2002 ND 35, 640 N.W.2d 53
When the relevant factors for consideration in determining a motion to change the residence of a child to another state weigh in favor of the custodial parent's request to relocate the child, the trial court's denial of the motion is reversible error.
A stipulated divorce provision for an automatic change in custody upon the occurrence of a future event is unenforceable and the district court retains control over the rights of children, regardless of any contrary agreements of divorcing parties.
Belgarde v. Askim , 2001 ND 206, 636 N.W.2d 916
Before dismissing a cause of action to sanction a party for destruction of evidence, the trial court must consider the culpability of the party against whom sanctions are being imposed, the prejudice to the party moving for sanctions, and the availability of less severe alternative sanctions.
McDowell v. McDowell , 2001 ND 176, 635 N.W.2d 139
Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay.
A parent's health problems are relevant in a custody decision if those problems might adversely affect the parent's ability to care for the child.
A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining an obligor's child support obligation.
Demming v. Demming , 2001 ND 108, 629 N.W.2d 585
Divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).
Schaefer v. Souris River Telecom. , 2000 ND 187, 618 N.W.2d 175
A stipulation as to foundation does not eliminate a trial court's discretion to reject evidence on grounds of relevance.
Allowing a party to read the deposition of an opposing party's witness into evidence is not necessarily an abuse of discretion.
Denying a motion for new trial brought on the ground a party abused discovery by failing to provide a document relating to liability is not an abuse of discretion when liability is not at issue in the trial.
Holen v. ND Workers Comp. Bureau , 2000 ND 145, 615 N.W.2d 141
A claimant must demonstrate substantial prejudice to recover relief for delay in administrative proceedings.
The Bureau must prove the claimant knew of specific work restrictions and intentionally engaged in activities exceeding those restrictions before it can deny benefits based on aggravation of a prior injury.
Tulintseff v. Jacobsen , 2000 ND 147, 615 N.W.2d 129
Remand for clarification of findings of fact is unnecessary when, through inference or deduction, this Court can discern the rationale for the result reached by the trial court.
A trial court's determination on whether the presumption against awarding custody to the perpetrator of domestic violence is applicable is a finding of fact which will not be reversed unless it is clearly erroneous.
Negaard-Cooley v. ND Workers Comp. , 2000 ND 122, 611 N.W.2d 898
The Workers Compensation Bureau must clarify internal discrepancies in the report of an independent medical examination it relied on to deny a claim.
State v. Fraser , 2000 ND 53, 608 N.W.2d 244
A jury may infer from the surrounding facts and circumstances whether the defendant engaged in conduct "knowingly."
Evidence corroborating an accomplice's testimony need not be incriminating itself, and is sufficient if it relates to a material fact and tends to connect the defendant to the crime.
Hjelden v. Job Service ND , 1999 ND 234, 603 N.W.2d 500
Job Service's determination of whether a claimant was fired or voluntarily quit is a factual finding which will not be overturned if a reasoning mind could have reasonably decided the finding was proved by the preponderance of the evidence.
A claimant who voluntarily quits employment bears the burden of showing good cause attributable to the employer.
Good cause does not exist where a claimant refuses to work with a co-worker because the co-worker is slow and inexperienced.
Meyers v. Meyers , 1999 ND 230, 606 N.W.2d 137
The court's divorce decree awarding custody of the minor children to the father is summarily affirmed under N.D.R.App.P. 35.1.
Quarne v. Quarne , 1999 ND 188, 601 N.W.2d 256
A motion for change of custody supported by affidavits stating the custodial parent had physically abused the child constituted, as a matter of law, a prima facie case entitling the movant to an evidentiary hearing on the motion.
An amended judgment or order dealing only with peripheral custody issues, such as visitation, does not restart the two-year period for applying the less stringent elements for obtaining a change of custody under N.D.C.C. 14-09-06.6(6).
Richter v. Houser , 1999 ND 147, 598 N.W.2d 193
Courts do not apply the child support guidelines in a vacuum but must use common sense and consideration of the circumstances in determining an obligor's income and support obligation.
In an appropriate case, a trial court, to determine if the obligor was underemployed, may consider what a person with similar work history and occupational qualifications could earn at job sites both within and outside the community.
N.D.C.C. 14-09-14 does not bar a court from awarding past due child support based upon the defendant parent's legal obligation to provide support.
Moilan v. Moilan , 1999 ND 103, 598 N.W.2d 81
North Dakota does not follow the "minimalist" view of spousal support, which has as its object minimal self-sufficiency, but has adopted the "equitable" view, which attempts to enable the disadvantaged spouse to obtain "adequate" self support. The trial court must attempt to balance the burden created by the divorce and a spouse may be disadvantaged if he has foregone opportunities or lost advantages as a result of the marriage, or if he has contributed during the marriage to his wife's increased earning capacity.
An unequal distribution of marital property based solely upon the parties' economic contributions to the marital estate, without considering other relevant factors, is clearly erroneous.
Marital property must be valued as of the date of trial.
Blikre v.ACandS, Inc. , 1999 ND 96, 593 N.W.2d 775
The ten-year statute of repose under N.D.C.C. 28-01-44 does not apply to claims against a manufacturer or seller for injury caused by exposure, during construction, to a defective product, even though the defendant installed the product as part of an improvement to real property.
State v. Gagnon , 1999 ND 13, 589 N.W.2d 560
For use of former testimony at trial, inquiry as to the unavailability of a witness is whether the State has made a good-faith effort to locate the witness.
A defendant who has raised self-defense may introduce evidence of the victim's violent or aggressive character.
Generally, character may be proved by reputation or opinion testimony only. N.D.R.Ev. Rule 405 allows character to be proved by specific instances of conduct when character is in direct issue, or when used on cross-examination to rebut an assertion concerning a person's character.
When a defendant has prior knowledge of specific instances of a victim's violent or aggressive behavior, evidence of such specific instances may be offered to justify the defendant's actions or show the defendant's state of mind.
Minot Town & Country v. Fireman's Fund Insurance Co. , 1998 ND 215, 587 N.W.2d 189
An appraisal proceeding is not an arbitration proceeding. Arbitration generally decides an entire controversy, while an appraisal generally establishes the amount of loss only, and not liability under the insurance contract.
When the proceeding defined in the insurance contract unambiguously calls for an appraisal proceeding, the Uniform Arbitration Act, N.D.C.C. ch. 32-29.2, does not apply.
Stanton v. Moore , 1998 ND 213, 587 N.W.2d 148
A reasonable inference a person was the driver is sufficient to suspend a person's driving privileges under N.D.C.C. 39-20-05(2).
Gregg v. Gregg , 1998 ND 204, 586 N.W.2d 312
Award of custody to the mother, even though she was away from the children for a considerable period while receiving additional education, was not clearly erroneous where the mother maintained a close bond with the children, was best able to promote their welfare, and was willing to facilitate the children's relationship with their father.
Award of temporary spousal support to the wife was clearly erroneous where the wife's income and earning potential were greater than her spouse, who was ordered to pay the support.
Beck v. Job Service North Dakota , 1998 ND App 14, 585 N.W.2d 815
For unemployment benefits eligibility, "able to work" includes being able to work at part-time employment.
State v. Neufeld , 1998 ND 103, 578 N.W.2d 536
Whether jointly charged offenses should be separated for trial is left to the trial court's discretion.
A prior out-of-court statement may be used to rebut an implied charge of recent fabrication or improper influence or motive.
The trial court may allow impeachment under Rule 608(b), N.D.R.Evid., as to specific instances of conduct, only if the conduct is probative of the witness's character for truthfulness or untruthfulness.
Section 12.1-20-14, N.D.C.C., requires the defense to move in writing in advance of trial if evidence of sexual conduct is to be used to attack the credibility of the complaining witness.
Gierke v. Gierke , 1998 ND 100, 578 N.W.2d 522
Absent service of notice of entry of a judgment or an order, the time for appeal begins to run when the appellant has actual knowledge of entry of the judgment or order evidenced by some affirmative action by the appellant in the record.
The failure to require a spousal support obligor to provide security for a spousal support obligation may be an abuse of discretion.
Kasprowicz v. Kasprowicz , 1998 ND 68, 575 N.W.2d 921
Whether or not domestic violence allegations create presumption are considered under amended best interest and welfare of the child statute.
Allegations of domestic violence do not need corroboration.
Rotating physical custody award must be in the best interest of the child and supported by findings.
Hogue v. Hogue , 1998 ND 26, 574 N.W.2d 579
Non-custodial father's relationship with, and failure to pay child support for, a child of a previous marriage is relevant in custody determination in a subsequent divorce action.
Trial court need not designate one parent as the primary caretaker.
Trial court must consider multiple child support obligations in determining a child support award.
Trial court's denial of spousal support is clearly erroneous when rationale for denial cannot be discerned from the findings.
Party appealing award of attorney's fees must affirmatively establish abuse of discretion by the trial court.
Gerard v. State , 1997 ND 218, 575 N.W.2d 224
Application for postconviction relief affirmed under N.D.R.App.P. 35.1(a)(2).
Pederson v. Kolschefsky , 1997 ND 211, 575 N.W.2d 224
Jury verdict and denial of a motion for new trial summarily affirmed under N.D.R.App.P. 35.1.
Wheeling v. Director, ND DOT , 1997 ND 193, 569 N.W.2d 273
A traffic violation observed prior to a checkpoint provides a proper basis for a stop without addressing the validity of the checkpoint.
State v. Gagnon , 1997 ND 153, 567 N.W.2d 807
A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it. A trial court must instruct the jury on negligent homicide when the defendant asserts he acted in self-defense, a self-defense instruction is supported by the evidence, and a manslaughter instruction is given and supported by the evidence. The trial court's self-defense instruction should have informed the jury the defendant's use of force in self-defense was justified if he correctly believed the force he used was necessary to prevent imminent unlawful bodily injury.
State v. Fulks , 1997 ND 143, 566 N.W.2d 418
An incarcerated defendant's right to have charges unrelated to his current incarceration tried within 90 days of giving notice to the court and state's attorney under the Detainers Act, Chapter 29-33, N.D.C.C., is not violated, where the conduct of the defendant and the defendant's attorney substantially contribute to the case not being brought to trial within 90 days. Delays or continuances primarily resulting from the conduct of a defendant or the defendant's attorney cannot be charged against the State in a claim of failure to bring a case to trial within 90 days. The appointment of counsel to represent a petitioner under the Uniform Post-Conviction Procedure Act is discretionary with the trial court, and the court's decision to not appoint an attorney will not be overturned on appeal unless the court has abused its discretion.
Owan v. Owan , 1997 ND 50, 560 N.W.2d 900
Remanding the custody decision and instructing the district court to make specific findings of fact regarding the allegations of domestic violence on both parents. If the district court determines there is credible evidence of domestic violence on both parties, the district court must determine whether the domestic violence of either party is significantly greater than that inflicted by the other, and whether that finding requires any change in its award of custody.
Kluck v. Kluck , 1997 ND 41, 561 N.W.2d 263
The trial court's finding that one parent had committed significantly greater domestic violence, triggering the presumption against awarding custody to that parent, was not clearly erroneous. Section 14-05-22(3), N.D.C.C., creates a presumption that unsupervised visitation with a parent who has committed domestic violence would be harmful to the child. Rule 702, N.D.R.Evid., does not require licensure in a particular field or jurisdiction as a prerequisite to qualification as an expert witness. Suspension of one spouse's future workers compensation benefits created a purely speculative future liability and should not have been allocated as a present "debt." A lump-sum social security disability award received during the marriage may not be included in the marital estate under 42 U.S.C. 407(a). The trial court's finding that a spouse's interest in a professional corporation had no value was clearly erroneous.
Caldwell v. Caldwell , 562 N.W.2d 104 (N.D. 1996)
District court's divorce decree ordering equal division of the marital property summarily affirmed under Rule 35.1(a)(2), N.D.R.App.P.
First American Bank West v. Berdahl , 556 N.W.2d 63 (N.D. 1996)
Under Section 34-02-11, N.D.C.C., absent a contrary agreement, everything an employee acquires by virtue of his or her employment, except compensation from the employer, belongs to the employer.
Bangen v. Bartelson , 553 N.W.2d 754 (N.D. 1996)
Because the appellants argued they were entitled to an additional lease benefit, their acceptance of a $6,000 cash award did not waive their right to appeal.
A lease cannot be voided upon the lessee's mistake of fact arising from the lessee's neglect to determine the true state of title to the property.
A joint tenant has the right to lease her interest in the property without the consent of the other joint tenant. The lessee succeeds to all the rights of the lessor to enjoy possession of the property with the other joint tenant.
State v. Touche , 549 N.W.2d 193 (N.D. 1996)
Esselman v. Job Service ND , 548 N.W.2d 400 (N.D. 1996)
Helmers f/k/a Sortino v. Sortino , 545 N.W.2d 796 (N.D. 1996)
Naumann v. ND Workers Comp. Bureau , 545 N.W.2d 184 (N.D. 1996)
Duncklee, fka Mack v. Wills , 542 N.W.2d 739 (N.D. 1996)
Owan v. Owan , 541 N.W.2d 719 (N.D. 1996)
Okeson v. Okeson , 544 N.W.2d 176 (N.D. 1995)
State v. Clinkscales , 536 N.W.2d 661 (N.D. 1995)
State v. Halton , 535 N.W.2d 734 (N.D. 1995)
Estate of Dinnetz , 532 N.W.2d 672 (N.D. 1995)
Adoption of J.W.M. , 532 N.W.2d 372 (N.D. 1995)
Medical Arts Clinic v. Franciscan Initiatives v. Hoberg , 531 N.W.2d 289 (N.D. 1995)
Severson v. Hansen , 529 N.W.2d 167 (N.D. 1995)
Vitko v. Vitko , 524 N.W.2d 102 (N.D. 1994)
State v. One 1990 Chevrolet Pickup , 523 N.W.2d 389 (N.D. 1994)
Brunner v. Ward Co. Social Services , 520 N.W.2d 228 (N.D. 1994)
Matter of Grajedas , 515 N.W.2d 444 (N.D. 1994)
Lamplighter Lounge, Inc. v. State ex rel. Heitkamp , 510 N.W.2d 585 (N.D. 1994)
State v. DuPaul , 509 N.W.2d 266 (N.D. 1993)
Shipley v. Shipley , 509 N.W.2d 49 (N.D. 1993)
Guardianship of Braaten , 502 N.W.2d 512 (N.D. 1993)
Estate of Flaherty , 484 N.W.2d 515 (N.D. 1992)
State v. Latendresse , 485 N.W.2d 353 (N.D. 1992)
State v. Ganje , 481 N.W.2d 227 (N.D. 1992)
State v. Hornaday , 477 N.W.2d 245 (N.D. 1991)
Whitaker v. Century 21 , 466 N.W.2d 114 (N.D. 1991)
City of Minot v. Nelson , 462 N.W.2d 460 (N.D. 1990)
City of Minot v. Bjelland , 452 N.W.2d 348 (N.D. 1990)
City of Minot v. Mattern , 449 N.W.2d 560 (N.D. 1989)
Estate of Flaherty , 446 N.W.2d 760 (N.D. 1989)
City of Minot v. Geiger , 446 N.W.2d 264 (N.D. 1989)
State v. Beyer , 441 N.W.2d 919 (N.D. 1989)
Estate of Flaherty , 419 N.W.2d 908 (N.D. 1988)
Young Bird v. Jerry Harmon Motors, Inc. , 421 N.W.2d 466 (N.D. 1988)
Estate of Sorensen , 411 N.W.2d 362 (N.D. 1987)
Estate of Sorensen , 406 N.W.2d 365 (N.D. 1987)
City of Kenmare v. Murray , 404 N.W.2d 513 (N.D. 1987)
State v. Haugen , 384 N.W.2d 651 (N.D. 1986)
State v. Slapnicka , 376 N.W.2d 33 (N.D. 1985)
Bishop Ryan High School v. Lindberg , 370 N.W.2d 726 (N.D. 1985)
State v. Presbuch , 366 N.W.2d 794 (N.D. 1985)
State v. Lawson , 356 N.W.2d 893 (N.D. 1984)
State v. Kolobakken , 347 N.W.2d 569 (N.D. 1984)
State v. Goodbird , 344 N.W.2d 483 (N.D. 1984)
State v. Hartleib , 335 N.W.2d 795 (N.D. 1983)

Generated from Supreme Court Docket on 09/05/2008